BILL NUMBER: AB 2042 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY AUGUST 25, 2004
PASSED THE SENATE AUGUST 19, 2004
AMENDED IN SENATE AUGUST 17, 2004
AMENDED IN SENATE JULY 12, 2004
AMENDED IN SENATE JUNE 14, 2004
AMENDED IN ASSEMBLY MAY 3, 2004
AMENDED IN ASSEMBLY APRIL 1, 2004
INTRODUCED BY Assembly Member Lowenthal
FEBRUARY 17, 2004
An act to add Sections 40459.1, 40459.2, and 40459.3 to the Health
and Safety Code, relating to ports.
LEGISLATIVE COUNSEL'S DIGEST
AB 2042, Lowenthal. Ports: Port of Los Angeles: Port of Long
Beach: air pollution.
(1) Existing law provides for the regulation of ports and harbors.
Existing law, the Lewis-Presley Air Quality Management Act,
establishes the South Coast Air Quality Management District (south
coast district) as the sole and exclusive local agency within those
portions of the Counties of Los Angeles, Orange, Riverside, and San
Bernardino that are included within the South Coast Air Basin.
This bill would require the south coast district, on or before
September 1, 2005, to establish a baseline for air quality for the
Port of Los Angeles and the Port of Long Beach. The air quality
baseline would be based on data collected by the district regarding
the level of emissions in those ports during 2004 from oceangoing
vessels and harbor craft, cargo handling equipment, rail locomotives,
and commercial motor vehicles, as defined. The air quality baseline
would also be based on data collected by the district regarding the
emissions levels in those ports during 2004 from oxides of nitrogen,
carbon monoxide, particulate matter, and sulfur dioxide.
The bill would require the south coast district, the State Air
Resources Board (state board), the Port of Los Angeles, and the Port
of Long Beach to develop and enter into a Memorandum of Agreement
(MOA) to implement emission control measures related to operations at
each of those ports.
The bill would require the MOA to include certain provisions,
including (a) a requirement that, on or before January 1, 2006, and
on or before January 1 of each year thereafter, the level of air
pollution at the Port of Los Angeles and the Port of Long Beach not
exceed the specified baseline; (b) a requirement that the Port of
Long Beach and the Port of Los Angeles reimburse the board for all
costs incurred as a result of developing the MOA; and (c) a
requirement that the Port of Los Angeles and the Port of Long Beach
waive any claim to reimbursement by the state for costs incurred as a
result of developing and implementing the MOA.
The bill would require the south coast district, the state board,
the Port of Los Angeles, and the Port of Long Beach, in developing
the MOA, to consult with the federal Environmental Protection Agency,
industry stakeholders, community and homeowner groups near the Port
of Los Angeles and the Port of Long Beach, and environmental
organizations.
The bill would require the Ports of Los Angeles and Long Beach, if
the MOA has not been entered into by all of the necessary parties on
or before September 1, 2005, to develop a baseline for air quality
for each port, based on data collected by the port regarding the
level of emissions in the port during 2004 from certain sources and
regarding the level of emissions in each port during 2004 from
certain air pollutants. The bill would require the ports to submit
the baselines to the south coast district for approval. The bill
would require the ports, on or before January 1, 2006, and on or
before January 1 of each year thereafter, to operate in a manner that
prevents the level of air pollution at each port from exceeding the
specified baseline. The bill would require the ports, on March 1,
2006, and on March 1 of each year thereafter, to report to the
district regarding their respective compliance with the limitation
requirement relating to port operation, including an accounting of
the programs and efforts that are directed towards that compliance.
To the extent that these requirements would impose additional duties
upon the ports and the south coast district, the bill would establish
a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all of the
following:
(a) Exhaust fumes from diesel fuel are known to cause cancer.
(b) A landmark study conducted by the South Coast Air Quality
Management District, the "Multiple Air Toxics Exposure Study," found
that 70 percent of all serious health risks attributable to mobile
pollution sources are attributable to diesel engine exhaust.
(c) The federal Clean Air Act (42 U.S.C. Sec. 7401, et seq.)
requires certain regions that have high levels of air pollution
demonstrate that construction of new highways will not worsen air
pollution.
SEC. 2. Section 40459.1 is added to the Health and Safety Code, to
read:
40459.1. (a) (1) On or before September 1, 2005, the south coast
district shall establish a baseline for air quality for the Port of
Los Angeles and the Port of Long Beach.
(2) The air quality baseline shall be based on data collected by
the south coast district regarding the level of emissions in those
ports during 2004 from the following sources:
(A) Oceangoing vessels and harbor craft.
(B) Cargo handling equipment.
(C) Rail locomotives.
(D) Commercial motor vehicles, as defined in subdivision (b) of
Section 15210 of the Vehicle Code.
(3) The air quality baseline shall be based on data collected by
the south coast district regarding the emissions levels in those
ports during 2004 from the following air pollutants:
(A) Oxides of nitrogen (NOx).
(B) Carbon monoxide(CO).
(C) PM 2.5 and PM10, as defined in Section 39614.
(D) Particulate matter from diesel fuel.
(E) Sulfur dioxide (SO2).
(b) On or before September 1, 2005, the south coast district, the
state board, the Port of Los Angeles, and the Port of Long Beach
shall develop and enter into a Memorandum of Agreement (MOA) to
implement emission control measures related to operations at each of
those ports.
(c) The MOA shall include all of the following provisions:
(1) A requirement that, on or before January 1, 2006, and on or
before January 1 of each year thereafter, the level of air pollution
at the Port of Los Angeles and the Port of Long Beach not exceed the
baseline established under subdivision (a).
(2) Enforcement provisions that are within the jurisdiction of the
implementing agencies.
(3) A process for public input and comment on any proposal prior
to final agreement.
(4) A requirement that the Port of Long Beach and the Port of Los
Angeles reimburse the state board for all costs incurred as a result
of developing the MOA.
(5) A requirement that the Port of Los Angeles and the Port of
Long Beach waive any claim to reimbursement by the state for costs
incurred as a result of developing and implementing the MOA.
(d) In developing the MOA, the south coast district, the state
board, the Port of Los Angeles, and the Port of Long Beach shall
consult with the federal Environmental Protection Agency, industry
stakeholders, community and homeowner groups near the Port of Los
Angeles and the Port of Long Beach, and environmental organizations.
(e) Nothing in the MOA shall affect efforts to regulate port
emissions.
SEC. 3. Section 40459.2 is added to the Health and Safety Code, to
read:
40459.2. If the Memorandum of Agreement required under Section
40459.1 has not been entered into by all of the necessary parties on
or before September 1, 2005, all of the following shall apply on that
date:
(a) (1) The Port of Los Angeles shall develop a baseline for air
quality for the port.
(2) The air quality baseline shall be based on data collected by
the port regarding the level of emissions in the port during 2004
from the following sources:
(A) Oceangoing vessels and harbor craft.
(B) Cargo handling equipment.
(C) Rail locomotives.
(D) Commercial motor vehicles, as defined in subdivision (b) of
Section 15210 of the Vehicle Code.
(3) The air quality baseline shall be based on data collected by
the port regarding the level of emissions in the port during 2004
from the following air pollutants:
(A) Oxides of nitrogen (NOx).
(B) Carbon monoxide (CO).
(C) PM 2.5 and PM10, as defined in Section 39614.
(D) Particulate matter from diesel fuel.
(E) Sulfur dioxide (SO2).
(4) The Port of Los Angeles shall submit the baseline developed by
it to the south coast district for approval.
(b) On or before January 1, 2006, and on or before January 1 of
each year thereafter, the Port of Los Angeles shall operate the port
in a manner that prevents the level of air pollution at the port from
exceeding the baseline developed and approved under subdivision (a).
(c) On March 1, 2006, and on March 1 of each year thereafter, the
Port of Los Angeles shall report to the south coast district
regarding the port's compliance with subdivision (b), including, but
not limited to, an accounting of the port's programs and efforts that
are directed towards that compliance.
(d) This section is intended to grant only oversight authority to
the south coast district with respect to the baseline developed by
the Port of Los Angeles under subdivision (a).
(e) Nothing in this section prevents the state board or the south
coast district from adopting and implementing regulations for any
source at any port in this state.
SEC. 4. Section 40459.3 is added to the Health and Safety Code, to
read:
40459.3. If the Memorandum of Agreement required under Section
40459.1 has not been entered into by all of the necessary parties on
or before September 1, 2005, all of the following shall apply on that
date:
(a) (1) The Port of Long Beach shall develop a baseline for air
quality for the port.
(2) The air quality baseline shall be based on data collected by
the port regarding the level of emissions in the port during 2004
from the following sources:
(A) Oceangoing vessels and harbor craft.
(B) Cargo handling equipment.
(C) Rail locomotives.
(D) Commercial motor vehicles, as defined in subdivision (b) of
Section 15210 of the Vehicle Code.
(3) The air quality baseline shall be based on data collected by
the port regarding the level of emissions in the port during 2004
from the following air pollutants:
(A) Oxides of nitrogen (NOx).
(B) Carbon monoxide (CO).
(C) PM 2.5 and PM10, as defined in Section 39614.
(D) Particulate matter from diesel fuel.
(E) Sulfur dioxide (SO2).
(4) The Port of Long Beach shall submit the baseline to the south
coast district for approval.
(b) On or before January 1, 2006, and on or before January 1 of
each year thereafter, the Port of Long Beach shall operate the port
in a manner that prevents the level of air pollution at the port from
exceeding the baseline developed and approved under subdivision (a).
(c) On March 1, 2006, and on March 1 of each year thereafter, the
Port of Long Beach shall report to the south coast district regarding
the port's compliance with subdivision (b), including, but not
limited to, an accounting of the port's programs and efforts that are
directed towards that compliance.
(d) This section is intended to grant only oversight authority to
the south coast district with respect to the baseline developed by
the Port of Long Beach under subdivision (a).
(e) Nothing in this section prevents the state board or the south
coast district from adopting and implementing regulations for any
source at any port in this state.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.